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Pursuant to the provisions of the Federal Consumer Protection Law, this promotional activity is made public.

The terms and conditions described below (the “Rules”) establish the conditions and requirements under which the promotional activity “Operation LEAN” (hereinafter the “Contest”) will be governed. The provisions herein are mandatory for all participants in the Contest, so these Rules must be read in full. Participation in the Contest will be interpreted as acceptance of the Rules, the conditions and terms of use of the Site, as well as the Privacy Notice for the processing of personal data.

  1. GENERAL DATA.

Name of the Competition: “Operation LEAN”

Coverage: Contest valid in the Republic of Mexico (hereinafter the “Territory”).

Term: from January 25, 2024 to April 25, 2024. (hereinafter the “Term”).

Nature: The promotion does not involve chance nor does it imply accumulation of purchases of the Participating Products, in order to obtain promotional incentives.

Organizer and Responsible for the Contest: COMERCIALIZADORA DE MEDICINA FUNCIONAL (hereinafter the “You matter”)

Applicable Advertising: On the following social networks: https://www.instagram.com/youmatter.mx https://www.facebook.com/YouMatterSuplementos

https://www.tiktok.com/@youmatter.mx

Contact for information and clarifications: In the event that the Participant requires any type of information and clarifications regarding this Contest, please contact us between 9:00 AM and 6:00 PM, Monday through Friday in MEXICO City, the Metropolitan Area and in the interior of the Republic at the email address: contacto@youmatter.mx and direct messages from participating social networks.

Requirements: The promotion is aimed at consumers who are citizens or residents of the Mexican Republic, of legal age, with valid official identification.

  1. ELIGIBILITY REQUIREMENTS TO PARTICIPATE IN THE PROMOTION.

Any natural person who is willing to participate and meets each and every one of the following requirements established in these Rules (hereinafter the “Participant” or the “Participants” interchangeably) may participate in the Contest:

  1. Be over 18 years old.
  2. Living in the Mexican Republic
  3. Have an official identification with a photograph, which proves the date of birth and identity (for example: Voter Credential, Passport, Released Military Service Card, Professional Certificate, etc.), issued by a government institution.
  4. The participant will have had to read and accept the terms and conditions, as well as the privacy notice of the Contest.
  5. Participants must have their own Instagram®, Facebook® and/or TikTok® account and email address to participate in the contest.

Those persons who are relatives up to the third degree of an employee or employees of the Organizer, subsidiaries and/or partner agencies, as well as any of the companies that form part of the same group of economic interests to which the Organizer and the companies linked to the execution of the Contest belong, including service providers and interns of the Organizer, are not allowed to participate.

  1. PARTICIPATING PRODUCTS FROM THE YOU MATTER FAMILY.
  1. Probivos Lean®
  1. PROMOTION MECHANICS.

To participate in the Contest, the Participant must carry out the following steps:

  1. Product Purchase
  • Purchase "Probivos Lean" in 3 packs or its individual version.
  1. Online pre-registration
  • Complete the registration form for the league provided.
  • Required information: full name, city, age, gender, torso, waist, hip and weight measurements in kilograms.
  • Instagram social media account
  • Send the purchase receipt as proof of purchase. (You can participate with the order number from past purchases where you have purchased Probivos Lean).
  1. Initial Photography
  • Take a full body photograph of the participant
  • In the photo, the participant must hold a sheet of paper with the text: “Operation Lean”
  • The participant must show uncovered arms and abdomen. It is not necessary to show the face.
  • Send the photo to the email address operacionlean@youmatter.mx
  • You must send a full-body photograph to the email address operacionlean@youmatter.mx within the last 10 days of the consecutive months: January (start of the contest), February, March and April 2024.
  • In the email you should write the progress achieved Example: January: 95kg; February: 93kg; March: 90kg; etc.
  • You must have your arms and abdomen uncovered in each photo and hold a piece of paper with the text Operation LEAN on it. It is not necessary to show your face.
  • People who share their monthly progress on Instagram will receive a 20% discount coupon. The photo in the post must meet the same requirements previously mentioned.
  • To receive the discount coupon, the participant must follow the participating You Matter accounts https://www.instagram.com/youmatter.mx https://www.facebook.com/YouMatterSuplementos https://www.tiktok.com/@youmatter.mx   
  • Tag @youmatter.mx in your posts.
  • Use the hashtags: #CadaQuienSuCuerpo, #OperacionLean, #YouMatterFamily @youmatter.mx
  1. Selection of Winners
  • An internal Matter jury will select 3 winners.
  • The results and commitment shown during the challenge will be valued, as well as those who have followed the rules.
  1. Compliance with Requirements
  • It is mandatory to comply with all the previous steps.
  • Failure to complete any step will result in disqualification.
  1. Competition Period
  • The competition will be held for a period of 3 months from the official start date. The start date will be 25 January 2024 and the end date will be 25 April 2024.
  • The winners will be announced on May 2, 2024, on the participating matter social networks.
  1. Evaluation Criteria
  • Changes in measurements and weight will be assessed. Visible physical changes will be taken into account.
  • Creativity and originality in social media posts will be taken into account.

I: Announcement of Winners:

  • Winners will be announced via official Matter channels at the end of the contest period.
  1. WINNER.

The winners of the “Operation LEAN” Contest will be announced on May 2, 2024, through a publication on the account of:  https://www.instagram.com/youmatter.mx https://www.facebook.com/YouMatterSuplementos https://www.tiktok.com/@youmatter.mx   

By an internal You Matter jury, which has had the best performance during the 3 months of the contest.

The same participant may only be entitled to one (1) incentive.

The Organizer will validate the potential winners by verifying the following information:

  1. Current official identification with photograph (Voter ID issued by the National Electoral Institute, Passport, Professional ID, etc.) of the potential winner.
  2. The Participant will grant his/her acceptance by electronic or digital means.

iii. Full name, date of birth, telephone number, official identification and email address of the potential winner.

  1. Verifying that the Participant's accounts, through which he/she participated in the contest, are his/her own.
  2. Validating that you have completed all the steps mentioned above

When the winning Participants are contacted, the Organizer will contact them to deliver the incentive digitally.

In the event that a winner rejects the incentive, he/she will not be able to change his/her decision later, so it will be understood that he/she renounces it definitively, or, if he/she does so after the established period, the Organizer will allow the person with the second highest score to take the place of the winner.

In any of the aforementioned cases, the winner of the incentive will lose his right to it, and the Organizer will allow the person with the second highest score to take the place of the winner.

The possible winner will be the Participant who has met the requirements established in these Rules and who has sent the requested documents in a timely manner. Once these have been validated, the winner will be confirmed.

Likewise, the winner must give the Organizer his/her express consent so that the Organizer can make a recording or filming or take any photograph that is necessary to verify his/her identity and to exhibit said recordings, films or photographs in any media, including digital media, in order to disseminate the Contest.

The Organizer reserves the right to take legal action against any Participant who has committed an unlawful act in relation to the Contest, and may attempt all kinds of remedies or actions that are legally applicable.

  1. DELIVERY OF INCENTIVES.

The Organizer will be responsible for sending the incentives through the email provided by the Participant.

General considerations:

The winning Participant must submit the documents and/or provide the information requested by the Organizer, relating to the delivery of the incentive and validation of the winning Participant, and his/her refusal implies the waiver of such Incentive.

Other types of promotions will not be included or cumulative.

The incentive does not include travel, transfers, transportation or per diem of any kind.

AWARDS

  1. First place - You Matter+ sport line products $10,000 MXN pesos
  2. Second place - Products from the You Matter+ sport line $5,000 MXN
  3. Third place - You Matter+ sport line products $2,500 MXN

8. CLARIFICATIONS AND RESTRICTIONS.

  1. Any violation of the Terms, any false registration or any erroneous and/or fraudulent conduct by the Participants will result in their immediate disqualification, at the sole discretion of the Organizer.
  2. By participating in the Promotion and receiving any benefit, participants agree to hold harmless the Organizer, its subsidiaries and/or affiliates, shareholders, officers, directors, board members and dependents from any complaint, claim, claim or any other equivalent related to any damage, loss, expense, disbursement or contingency arising from the acceptance, use or benefit of the incentive that may occur or that may be claimed by a third party.
  3. At the end of each stage of the promotion, the Organizer will publish the list of benefits given to participants on the Website in the Winners section.
  4. The Organizer reserves the right to establish and decide on any situations or circumstances that are not expressly provided for in these terms and conditions and that are beyond the control of the person responsible for the Promotion, clarifying that any modification will be adjusted to the legislation in force on the matter and duly communicated to the participants.
  5. The Organizer is not responsible for the costs incurred in connection with the supply of electricity, telecommunications services, programs and software and hardware, music players, nor does it recommend or promote any brand of technological supplies or any other requirement for participation in the Promotion.
  6. The Organizer reserves the right to disqualify from the activity any person who jeopardizes the integrity and proper development of the same, such is the case of those called "hackers" (term used to refer to people with extensive knowledge of computer science and telecommunications who are employed for personal and/or profit purposes, which may be fraudulent and illegal) or those called "promotion hunters" (defined as such to any participant who acts alone or jointly with economic, material or informational resources in an unfair manner towards the other participants in order to obtain the benefit of the promotion, regardless of whether the mechanisms used are unorthodox, ethical, moral or even illegal).
  7. Participation in this Contest implies acceptance of all its terms and conditions, which are final and the Organizer is the only party authorized to interpret them.
  8. Any relationship that arises between any Participant and the Organizer by virtue of the Contest will be governed and agreed upon in full compliance with the laws and competent courts of MEXICO City, with the Participant waiving any other law to whose application and/or jurisdiction he or she may be entitled.
  9. Those persons who are relatives up to the third degree of an employee or employees of the Organizer, subsidiaries and/or partner agencies, as well as any of the companies that form part of the same group of economic interests to which the Organizer and the companies involved in the execution of the Promotion belong, are not eligible to participate.
  10. Any restriction to present the organizer may disqualify any participant under the following assumptions:
  • Failure to comply with the participation requirements set out in these Terms and Conditions.
  • Employees, interns, advisors, suppliers or service providers, and their relatives up to the third degree of the Organizer or of companies related to the operation or implementation of the Promotion, may not participate in the Contest.
  • Any information or document provided by the Participant that is false.
  • Any indication that an application for participation is not authentic or if there is even the slightest evidence that a participant or a related third party is attempting to damage, take improper advantage of, or in any way undermine the legitimate operation of the promotional activity will result in disqualification from participation and removal from the activity. The Participant, in these circumstances, will be subject to the competent authorities for the corresponding civil and/or criminal proceedings. Such determination will be at the discretion of the Organizer.
  • Any type of computer system or program is used or developed that allows participation to be carried out in an automated manner or that modifies the results obtained. Whether directly or through a third party, allowing a third party to access and/or use your profile account on your behalf or on your behalf through an automated process.
  • Download, copy, attack or attempt to alter or manipulate part or all of the content of the applicable social network, and/or reproduce or modify the codes of the original participating products in any way.
  • Those provided for in the other sections of these Rules.
  • Perform or execute any other act or activity that could be considered fraudulent or inappropriate under applicable law.
  • In the event that any irregularity is identified in the participation of the winners, including family ties with any of the suppliers or service providers of the Promotion, the winners must return the Benefit to the Organizer.
  1. COPYRIGHT AND INTELLECTUAL PROPERTY.

By participating and winning the Contest, the Participant expressly and irrevocably authorizes the Organizer, together with its affiliates and subsidiaries, to disseminate in the media they determine, deem appropriate without territorial limit, to fix, reproduce, and disseminate his or her full name and surname, country and city of origin, photographs and/or use of image or portrait, videos and/or voice, and in general all data that may be required for the dissemination of the Contest, expressly and irrevocably waiving, upon acceptance of the Rules, any type of economic compensation, remuneration, royalty or any other remuneration for such use, provided that the purposes are advertising and informative in relation to the law in force, for which, by accepting these rules, the necessary authorizations are issued to the Participants.

Participation in the Contest implies the granting to the Organizer of a license to use the participant's Image free of charge, irrevocable and non-exclusive, as well as to reproduce and publish his/her Image.

  1. LIMITS OF THE ORGANIZER'S LIABILITY.

The Organizer shall not be liable for any damages and shall allocate the incentives as best suits its interests in the following cases: (i) In the event that the winners do not claim the incentives (or do not receive them for reasons attributable to themselves), or claim them after the date indicated in section 5 of these rules; (ii) the Participants provide incorrect information for the delivery of the respective incentive; (iii) in the event that the Participant violates any point contained in these Rules or does not comply with the delivery conditions and requirements.

The Organizer may at any time suspend the Contest or the delivery of the incentive without any liability, if such suspension is in compliance with any order of an authority with the authority to do so, as well as if there are circumstances of unforeseeable circumstances or force majeure or events that prevent the execution of the Contest.

The Organizer's responsibility ends at the time of delivery of each of the Incentives to their corresponding creditors.

The Organizer assumes no responsibility for participation in this Contest by minors, as this is a promotion for persons of legal age only.

  1. PRIVACY NOTICE.

In accordance with the provisions of the Federal Law on the Protection of Personal Data Held by Private Parties (hereinafter the “Law”), and its Regulations, this Privacy Notice is issued as follows.

COMERCIALIZADORA DE MEDICINA FUNCIONAL (hereinafter “You Matter”) is committed to the transparency, security and privacy of the Personal Data of the users and participants of the Contest. When collecting and processing your personal data, You Matter undertakes to observe and comply with the principles of legality, consent, quality, information, proportionality and responsibility provided for in the Law.

You Matter may collect and process your personal data in any of the following ways: Through the social media profile mentioned in You Matter's participation.

The processing of the participant's personal data will have the necessary purposes for the participant to be able to access and participate in the Contest, as described in the Purposes section of this privacy notice.

For the development of the Contest and the designation of the Winner or potential winners of the respective incentive, You Matter may process any of the following data of the participant:

Full Name;

Email;

Age;

City and State

Witness photos

Personal data for the purposes of the Contest will be processed by You Matter.

The winner must identify himself/herself to You Matter by presenting his/her identification issued by the National Electoral Institute or passport and will give his/her consent to collaborate and make himself/herself available to You Matter and to record the effective delivery of the Promotional Benefit, through photographs, recordings, among others. The winner agrees to give You Matter his/her express consent so that You Matter can make a recording or filming or take any photograph that is necessary to communicate his/her identity and to exhibit in any media and any other digital media, including the Internet, said recordings, films or photographs in order to publicize the Contest and give it credibility.

Participants expressly authorize You Matter to process their personal data and transfer it to third parties with whom You Matter has a commercial relationship to carry out the Contest (hereinafter "Third Parties").

For the above reasons, You Matter is authorized to collect, use and transfer the Personal Data of those individuals who participate in the Contest and transfer them to Third Parties, without prejudice to You Matter being able to communicate this privacy notice to the Owner of the personal data by email, telephone, on the Internet Portal or in the Offices.

In order to comply with the provisions of Article 16 of the Law, the following is stated:

IDENTITY AND ADDRESS OF You Matter .

All communications must be addressed to the Privacy Officer of You Matter, designating for such purposes the following person, at the address mentioned above, and email address: contacto@youmatter.mx , who has been designated as responsible for processing requests and promoting the protection of Personal Data.

PURPOSE OF DATA PROCESSING

The following data of the Participant must be sent to the participating league:

Full Name;

Email;

Age;

City and State

Witness photos

In addition to the personal data mentioned above, for the purposes reported in this privacy notice, You Matter may use the following personal data considered sensitive and patrimonial, which require special protection: Face image, face photograph, voter ID data, passport data, social media profiles.

In the event that the owner participant does not wish for his/her sensitive or financial personal data to be processed for the necessary purposes as established in this Privacy Notice, he/she may express his/her refusal through any of the following means: (i) by writing to the You Matter offices, or (ii) by email to: contacto@youmatter.mx 

MEANS TO EXERCISE YOUR ARCO RIGHTS.

You, as the owner of the Personal Data, or, where applicable, your legal representative, may exercise before You Matter any of the ARCO rights contemplated in article 22 of the Law and explained below, with the understanding that each of these rights is independent of each other, that is, it is not necessary to exhaust one in order to exercise any of the other three:

Access. This is the right you have to request You Matter to inform you if any of your Personal Data is held in its Databases.

Rectification. This is your right to have your Personal Data held by You Matter corrected.

Cancellation. This is your right to request the cancellation of your Personal Data held by You Matter.

Objection. This is your right to request You Matter to refrain from processing your Personal Data in certain situations.

You Matter makes available to you the following email address: contacto@youmatter.mx where you can exercise your ARCO rights related to this Contest.

To exercise the ARCO rights, the owner of the Personal Data must send a request to You Matter:

  1. The owner of the personal data must provide his or her name and full address, as well as email address, so that You Matter can communicate its response.
  2. Attach a copy of the documents that prove the identity of the holder, such as voter ID, professional ID, passport, etc.) and, if acting through a legal representative, a copy of the respective power of attorney duly granted, accompanied by a copy of the identity card of the representative.
  3. Describe in detail the Personal Data that is the subject of any ARCO rights, as well as the reasons why you wish to exercise any ARCO rights.
  4. Document and other information proving that the Personal Data is in the possession of You Matter.
  5. In the event of rectification of Personal Data, the rectifications to be made must be mentioned and the documentation supporting your request must be attached.

The Privacy Officer will respond to your request by email or in person within a period of 20 (twenty) business days from the date on which You Matter received the request to exercise any ARCO right so that, if applicable, it becomes effective within 15 (fifteen) business days following the date on which the response is communicated.

In the event that the request is about cancellation or opposition of data, the data will first be blocked, where access to personal data will be restricted to all persons until there is a response, and YOU MATTER must, if the request is appropriate:

  1. Establish a blocking period for the sole purpose of determining possible responsibilities in relation to its treatment until the legal or contractual limitation period of these, and notify the owner or his representative in the response to the request for cancellation or opposition, which is issued within the period of 20 (twenty) business days.
  2. Take appropriate security measures for blocking.

III. Carry out the blocking within 15 (fifteen) business days following the date on which the response is communicated.

  1. Once the blocking period has elapsed, carry out the corresponding deletion, under the security measures previously established by You Matter.

TRANSFER OF PERSONAL DATA

You Matter may transfer your Personal Data to Third Parties, whether national or foreign, to the extent necessary to carry out the Contest. It is understood that you must ensure that such persons and/or entities maintain strict confidentiality regarding the information provided.

MODIFICATIONS TO THE PRIVACY NOTICE

Any modification to this Privacy Notice will be notified to you, without distinction, through notices in the offices or branches of You Matter, email, or through the Internet Portal.

This Privacy Notice may be subject to modifications, changes or updates derived from new legal requirements; our own needs for the products or services we offer; our privacy practices; changes in our business model, or for other reasons.

  1. MODIFICATIONS.

The Organizer reserves the right to make modifications or add successive annexes to its mechanics and incentives, provided that these are justified or do not harm the participants and are duly communicated to them in accordance with the applicable regulations.

  1. APPLICABLE LEGISLATION.

These Rules and the relationship generated between any Participant and the Organizer will be governed and agreed upon in full compliance with the laws applicable in the United Mexican States and the jurisdiction of the competent courts of MEXICO City, with the Participant and the Organizer waiving any other jurisdiction that may be applicable based on their domicile or for any other reason.

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